#THE MARKING OF HEAVY PACKAGES ACT, 1951 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Obligation to mark weight on heavy packages. 
4. Inspectors. 
5. Powers of inspectors. 
6. Penalties. 
7. Offences by companies. 
8. Cognizance of offences. 
9. Protection of action taken in good faith. 
10. Power to make rules. 



#THE MARKING OF HEAVY PACKAGES ACT, 1951 

##ACT NO. 39 OF 1951 

[25th June, 1951.] 

An  Act  to  give  effect  to  the  International  Convention  drawn  up  in  Geneva  on  the  30th  day  of 
  May, 1929, for the marking of weight on heavy packages transported by sea or inland water-
  ways. 

  BE it enacted by Parliament as follows:— 

1. **Short title, extent and commencement.**—(1) This Act may be called the Marking of Heavy 
Packages Act, 1951. 

(2) It extends to the whole of India. 

(3) It shall come into force on such date as the Central Government may, by notification in the 
Official Gazette, appoint. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

  (a) “heavy  package”  means a  package  or  other  object weighing  not  less that one metric ton, 
which is  equal  to  one thousand  kilogrammes or  2204.6 standard pounds or  26.8  standard maunds; 

  (b) “inland water-way” means any canal,  river,  lake  or other navigable water in India. 

3. **Obligation to mark weight on heavy packages.**—Every person consigning a heavy package for 
transport  by  sea  or  inland  water-way   from   any   place  in  India  shall   have   marked   thereon  plainly, 
durably  and  conspicuously  the  gross  weight  of   the packages: 

  Provided  that  in  cases  or  circumstances  specified  by rules  made under   this   Act  where  it 
is difficult  to  determine  the correct weight, only the approximate weight may be so marked. 

2[4. Inspectors.—(1) The Central  Government may, by notification in the Official Gazette, appoint 
such persons as it thinks fit to be inspectors for the purposes of this Act and assign to each of them one or 
more areas to be specified in the notification, or to two or more of them the same area to be so specified. 

(2) Every inspector shall be deemed to be a public servant within the meaning of section 21 of the 

Indian Penal Code (45 of 1860). 

5. **Powers of inspectors.**—Subject to any rules made by the Central Government in this behalf, an 
inspector appointed under sub-section (1) of section 4 may— 

  (a) enter,  with  such  assistants  as  he  considers  necessary,  and  inspect  any  place  or  vessel  and 
examine any packages found therein; 

  (b) if, on such examination, any heavy package is found not to have been marked in accordance 
with  the  provisions  of  section  3,  direct  that  the  package  shall  not  be  transported  by  sea  or  inland 
waterway until it has been marked in accordance with those provisions: 

  Provided  that,  instead  of  issuing  any  direction  as  aforesaid,  the  inspector  may  himself  cause  the 
package to be marked in accordance with the provisions of section 3; and in any such case, the expenses 
incurred  by  him  for  such  marking  shall  be  recoverable  as  an  arrear  of  land  revenue  from  the  person 
consigning the package for transport. 

6. **Penalties.**—(1) If any person contravenes— 

  (a) the provisions of section 3, or 

  (b) any direction given by an inspector under clause (b) of section 5, 

he shall be punishable with fine which may extend to five hundred rupees. 

(2) If any person wilfully obstructs an inspector in the exercise of his powers under this Act, he shall 
be punishable with fine which may extend to two hundred rupees. 

7. **Offences by companies.**—(1) Where the person committing an offence under this Act is a 
company,  the  company  as  well  as  every  person  in  charge  of,  and  responsible  to,  the  company  for  the 
conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the 
offence and shall be liable to be proceeded against and punished accordingly: 

  Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section  (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to  any  neglect  on  the  part  of,  any 
director,  manager,  secretary  or  other  officer  of the  company,  such  director,  manager,  secretary  or  other 
officer  shall  also  be  deemed  to  be  guilty  of  that  offence  and  shall  be  liable  to  be  proceed  against  and 
punished accordingly. 

*Explanation.*—For the purposes of this section,— 

  (a) “company” means any body corporate and includes a firm or other association of individuals, 
and 

  (b) “director”, in relation to a firm, means a partner in the firm. 

8. **Cognizance of offences.**—(1) No court inferior to that of a Presidency Magistrate or a Magistrate 
of the first class shall try any offence under this Act. 

(2)  No  court  shall  take  cognizance  of  any  offence  under  this  Act  except  on  a  complaint  in  writing 
made  by  an  inspector  within  six  months  of  the  date  on  which  the  offence  is  alleged  to  have  been 
committed. 

9. **Protection of action taken in good faith.**—No suit, prosecution or other legal proceeding shall lie 
against any person for anything which is in good faith done or intended to be done under this Act. 

10. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules providing for— 

  (a) the conditions as to the manner of marking of heavy packages, the manner of their packing 
and the type of covering to be used; 

  (b) the  cases  or  circumstances  in  which  the  approximate  weight  of  heavy  packages  instead  of 
their correct weight may be marked; 

  (c) any other matter which has to be, or may be, provided for by rules. 

(2) Every rule made under this section shall be laid as soon as may be after it is made before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the 
session immediately following, both Houses agree in making any modification in the rule or both Houses 
agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or 
be of no effect, as the case may be; so, however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that rule.